Legal Question in Workers Comp in Illinois

Injured In Company Vehicle

my husband was hurt may 25, 2007

a truck rammed him in the rear. Co dr ordered a MRI of his neck, told him he had a sprain. husband asked for a copy and saw he has 2 herniated disc in his neck. decided to see his own dr. neuro and he wants to do a emg, that was in June. He called and dr said can't do anything until his job approves test. does it take this long for approval? he's in a lot of pain sometimes and had to go to his primary dr for pain pills. he's getting his weekly checks, but no medical help from them. Now his kness and back is causing pain, would he be able to see a ortho for these additional problems or is it 1 dr of his choice?


Asked on 8/19/07, 1:54 am

7 Answers from Attorneys

A. David Kremin David K. Kremin & Associates, P.C.

Re: Injured In Company Vehicle

http://www.lawguru.com/cgi/bbs/atty/approveAndReply.cgi?id=28690197

(

Read more
Answered on 8/19/07, 2:02 am
Mark Heftman Reibman, Hoffman, Baum, Hirsch & O'Toole

Re: Injured In Company Vehicle

Your husband can see a specialist of his choice and his employer's insurance should pay his bills and TTD. Importantly, he may also have a third party negligence case against the driver of the other vehicle that hit him, in addition to a worker's comp case. Please feel free to contact me for further consultation at no charge.

Read more
Answered on 8/19/07, 4:22 am
John Wunsch Law Offices John C. Wunsch, P.C.

Re: Injured In Company Vehicle

Dear Sirs:

You have the right to bring a case against the driver and the company who employed the driver of the car who rear-ended your husband. You also have the right to bring a workmen's compensation case if it can be shown that your husband was on the job at the time of the incident.

We have been in existence for twenty-five years and have successfully handled many such cases.

Sincerely,

JOHN C. WUNSCH, P.C.

Read more
Answered on 8/20/07, 11:22 am
Nima Taradji Taradji Law Offices

Re: Injured In Company Vehicle

If your husband is waiting for the company to do the right thing, it may take a very long time. The company's insurance's only goal is to make sure they pay as little and do as little for your husband as possible.

You should speak with an attorney so that he or she can make the company do the right thing and get your husband to get the medical care he needs.

You may contact Angela at my office to make and appointment so that I can review your file and see how to go about getting your husband the care he needs.

You may also have a cause of action against the driver that has caused the injury.

I hope this helps,

Taradji Law Offices

Read more
Answered on 8/19/07, 9:46 am
Jason Marker Marker & Assosiates, Attorneys at Law, P.C.

Re: Injured In Company Vehicle

Yes, your husband is entitled to treat with up to 2 physicians of his choice and any doctors those physicians refer him to. Insurance companies will hesitate to allow employees to see their own physicians many times because they know the outcome may not be in their favor.

I highly recommend you contact an attorney regarding this situation. An attorney can file an emergency motion to force the insurance compenay to allow your husband to treat with a physician of his choice, as well as obtain an award that the employer must pay for his medical bills and time off work while he continues to treat.

Additionally, your husband likely also has a separate negligence case against the driver who struck his vehicle. This is typical in situations where an employee is traveling while on the job and is involved in an auto accident. In these situations, a person has the right to file BOTH a workers' compensation claim AND a neglignece claim for pain and suffering, which can be much more substantial than the award received in the workers' compensation claim.

I have handled hundreds of back injury claims like this in the past -I also do handle BOTH workers' compensation and negligence cases. I have many similar cases in my office. I would be happy to speak to you and your husband further about how you could ensure he sees the doctors of his choice as well as how to maximize his settlement for pain and suffering in both cases. Feel fee to contact me at the information below, either by phone or e-mail.

Good luck to you and your husband!

Read more
Answered on 8/19/07, 9:51 am
Matt Belcher Belcher Law Office

Re: Injured In Company Vehicle

QUESTION:

Does it take this long for approval?

ANSWER:

NO, it sounds like a denial.

QUESTION:

Would he be able to see a ortho for these additional problems or is it 1 dr of his choice?

ANSWER:

The best course of action is to have the your primary care doctor refer him to an orthopedist. A referral to a specialist by the family doctor would still be your "first doctor of your choice".

If you have any more questions, please let me know.

Good luck

Matt Belcher

Read more
Answered on 8/19/07, 10:52 am
Scott A. Blumenshine Blumenshine Law Group

Re: Injured In Company Vehicle

Your husband must see a specialist.

In order to ensure that he gets

proper medical attention, he should

have a family physician or internist

make a referral to an orthopedic surgeon/neurosurgeon/neurologist.

He can use family physician/internist

as one doctor of choice. The family physician can then make referrals out

to specialists. Your husband would

then still have another doctor of choice.

My partner and I are Chicago born and raised, we are doing the same with our families and helping families like yours. We have each been handling workers compensation and personal injury cases for 20 years each and would like the opportunity to talk

with you and your husband.

We would be happy to meet with you

and your husband for a free consultation.

Scott Blumenshine

Law Offices of Meyer and Blumenshine

Read more
Answered on 8/19/07, 7:31 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Illinois